Thursday, October 16, 2008

Ninth Circuit Denies Rehearing in Theme Promotions v. News America

The Ninth Circuit issued an order on October 10 denying a motion for rehearing and a suggestion for rehearing en banc in Theme Promotions, Inc. v. News America Marketing, a case I previously discussed here and here.

The denial of the motion for rehearing means that the ruling against News America will likely stand. While News America could file a petition for a writ of certiorari with the Supreme Court, such a cert. petition would be a long shot, not only because the Court grants only a small fraction of such petitions, but also because the case does not appear to present any issues worthy of the Court's consideration.

Related posts: Ninth Circuit Affirms Theme Promotions Award Against News America Marketing; Oral Argument in Theme Promotions v. News.


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